On August 5, 2018, I gave a written notice to Tuscany Ridge Apartments in Lodi CA (RPM is the Property Managers for this apartment complex) stating that I would be moving in a month on 9/5/2018 and that I would exercise my rights to opt out of my current lease. Based on my lease and previous discussions with the prior manager Daniella, I also included a cashier's check for $3250 that included my rent for the month of August ($1325), my opt out rate ($1325) and my rental concession I received ($600). Again, on that note I sent to them, I stated that I would be out of the apartment by 9/5/2018.
Several days later, I received an, "Acknowledgement of Residents 30-Day Notice of Intent to Vacate" on my door with filled in dates stating that I intended to vacate on 9/3/18, which was not my original request. I mistakenly did not look to that date and I signed the paperwork agreeing to move on 9/3/18. However, I still was under the impression I had to be out by 9/5/18.
I proceeded to move all of my larger furniture out on 9/2/18, but I left items in the unit that day and planned to pick them up by 9/5/18 and clean the unit at that time. I got to the apartment complex at 5:40PM on 9/5/18, and my keys did not work on the door. At this point, I had not surrendered my keys to the complex or gave them any indication that I had completed my moved out. I looked inside the unit because the blinds were open and they had a ladder inside, all my stuff was gone and it smelled of new paint. I contacted the maintenance man on duty for after hours and inquired about the location of my items and my food that I had. I had recently went to the grocery store and my refrigerator was fully stocked. He informed me that they had changed the locks on the unit based on instructions he got from the manager, and that he had no other information.
I called Karla on 9/6 I asked her why they changed the locks on my unit that I had yet to surrender keys to. Karla was very rude to me and informed me that she tried several times to contact us, she put a 24 hour notice on my door, and when they came back, no one had been there so they changed the locks because they had already rented out the place to someone else. Karla also informed me that her paperwork said 9/3/18 was the move out date, not 9/5/18 as I thought. I told Karla that even if I misunderstood the move out date, that still did not give her the rights to change the locks to my unit when I had not surrendered keys, She said she had reason to think I abandoned the unit, and therefore, she changed the locks. I advised her that 2 days is not a reasonable amount of time to assume abandonment especially since I gave a proper notice and paid all rental concessions to move out properly. She told me that I had until 5pm only to get my things. I asked her could I get my things around 5:30 since I worked until 5PM. She said she would email me the documents I requested and see if she could make arrangements for me to get my things at 5:30PM.
I then received an email from Karla stating that I needed to come get my things by 5pm, and she could not arrange for me to get it after 5pm (see attached). I sent her a response (see attached)stating that It was illegal to change the locks, and also it was not fair to not give me a reasonable amount of time to get my things. I also stated that the 24 hour notice (see attached) gave the rights to ENTER the unit, but did not state they would change the locks.
At approximately 2pm on 9/6/18, Karla called me at my work and stated that she would personally stay after 5pm, so I can get my things and that she had since then, moved my food into another unit refrigerator and I can also pick that up.
I got to the complex around 5:40pm and went to the office. When I go to the storage closet, my things were thrown in the closet and set on top of dirt and cob webs and bugs. I was very angry and I communicated my frustrations with Karla. I told her I had contacted legal advice and they told me she could not change locks on the unit when I had not surrendered keys or abandoned the unit. She then told me she contacted her attorneys and although they did say she should not have change the locks, she should have just evicted me. I told her that an eviction wouldn't have taken place because I was WILLINGLY given up the unit and I had PAID to get out of my lease. I also told her that it was a matter of TWO days and that is not a long enough time to evict someone anyway.
Overall, I am claiming that my right as a tenant was violated for the following reasons:
Wrongful eviction (by locking me out)/illegal violation of moving my property without my permission
Intentional infliction of emotional distress by denying me access to my unit that I had not surrendered keys
Damage of property / missing property
Mental distress because I handled this issue at work causing lack of productivity and stress read more